2022-02-08 - S&O Agenda - Item 1 - ATTACHMENT 3 - 2021 DELEGATIONS OF AUTHORITY ANNUAL REVIEW REPORT

    DELEGATION OF AUTHORITY
    TITLE:         PUBLIC HEALTH

    Delegation by the Council to:                                      Date:
    Chief Executive Officer

    Source of Authority:
    Local Government Act 2009 - Section 257
    Public Health Act 2005
    Public Health Regulation 2005

Delegated Power:

1. To exercise powers of the Council pursuant to the Public Health Act 2005.

    DESCRIPTION OF POWER DELEGATED                                                      LEGISLATION

    Power to administer and enforce the Act regarding local government public           Section 13
    health risks and a regulation made under section 61 stating that the regulation
    is to be administered and enforced by local governments only.
    Power, as an issuing authority, to apply to a magistrate for an order enforcing a Section 24(2)
    public health order (an enforcement order).
    Power, as an issuing authority, to enter a place to take steps to remove or Section 27(2)(b)
    reduce the risk to public health from the public health risk or prevent the risk to
    public health from recurring, if ordered by a magistrate.
    Power, as an issuing authority, to recover the amount, plus interest, a person Section 31
    has been ordered to pay under an enforcement order as an overdue rate
    payable to Council under the Local Government Act 2009.
    Power to lodge a request to register with the registrar of titles, in the appropriate Section 32
    form over the land, an unpaid amount, including interest, that is payable to
    Council under an enforcement order relating to a public health risk on land
    owned by a person as a charge on the land.
    Power to consult with the chief executive before the chief executive authorises     Section 36(5)
    a prevention and control program which relates to Council’s local government
    area.
    Power, as a water service provider3, to inform the authorised person that Section 57B
    Council believes that it has complied with an improvement notice issued under
    this division.




3
    Excludes SE Qld Councils
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